ORANGE COUNTY DUI ATTORNEYS

Choosing an Orange County DUI Lawyer can be a difficult and complicated task for anyone; but for those who hold a Professional License and who arrested for DUI are faced with a number of additional complications that can have a dramatic affect on not only the outcome of their case; but also their ability to earn a living.

This site focuses on those who are charged with driving under the influence of alcohol and/or drugs who also hold a Professional License; but it also focuses on the law behind a drunk driving charge. We have a companion website that deals with the types of Orange County DUI Discovery or evidence one should expect to obtain in connection with a DUI charge in Southern California. 

The tough decisions facing a person charged with driving under the influence can be overwhelming; however, they can be easier to confront when you are a client of an experienced, reputable and well-known Orange County DUI Defense firm that is familiar with how the local police departments conduct Driving Under the Influence Investigations and how the local District Attorneys prosecute the crime of DUI and who know how to "navigate" the respective professional board inquiry set forth in motion by the virtue of your arrest.  

One may ask: "How does the Board know of the DUI charge if I have not reported it to the respective Board?" The California Department of Justice is known to forward the record of the arrest to the respective Board within days or weeks of the charge of driving under the influence. You need a lawyer that is familiar with these inquiries and how to handle them. The DUI Attorneys of the Law Office of Barry T. Simons is one of only a few DUI defense firms that handles these inquiries in addition to the defense of the DUI charge: a rare find: the facts of the DUI case arerelevant and material to the Board's inquiry.

If you hold a professional license and are charged with driving under the influence in Orange County, you will need an experienced DUI Attorney to review all of the evidence that the prosecution intends to use against you, that the California DMV will use against you to suspend or revoke your driving privileges, and the respective Board's inquiry into the matter and its resolution prior to determining the punishment for the DUI, not limited to the loss of one's professional license.

Even if you don't hold a professional license, if you are charged with DUI in Orange County or anywhere in Southern California for that matter, you need results. The DUI Defense Attorneys of the Law Office of Barry T. Simons get great results because they are "Orange County's Recognized Leaders in DUI Defense".

The following video discusses the significance of holding a professional license and being charged with DUI:





As the above video demonstrates, being charged with DUI while holding a professional license can have devastating consequences to your career. Do not make the big mistake of hiring the "wrong attorney" - only hire a DUI lawyer who understands the impact of a DUI charge on your professional license - only hire the DUI Defense firm of the Law Office of Barry T. Simons.

MEET ORANGE COUNTY'S "BEST" OR "TOP-RATED" DUI DEFENSE ATTORNEYS

The DUI Defense "Team" consists of DUI Defense Attorney Barry T. Simons, the author of "California Drunk Driving Law" and the former Dean of the National College for DUI Defense. Mr. Simons holds Board Certification in DUI Defense from NCDD (1 of 6 in California) this Certification is sanctioned by the American Bar Association.  Mr. Simons has the distinction of being the only DUI Attorney in Orange County selected as a “Superlawyer” for DUI Defense.  (2014-2016) The “Team” also includes DUI Defense Attorney Daniel Flores who has personally handled over 1,000 DUI cases in the Courts of Southern California and before the Department of Motor Vehicles.  Mr. Flores has earned a well-deserved reputation for being an effective litigator and trial lawyer in DUI cases. 

Mr. Simons’ “Team” also includes specially selected “Of Counsel” attorneys who practice throughout the State and County to assist our clients with intricate issues that develop with Professional Licensing, Interstate Licensing Issues and collateral consequences in other jurisdiction stemming from a DUI arrest in California.

In addition to our Attorneys, the “Team” includes three well-trained paralegals who have a combined 35 years of experience in criminal justice. 

The DUI Defense “Team” also includes private investigators, toxicologists, pharmacologists, and accident reconstruction experts to properly assist our DUI Lawyers in developing defenses that work in DUI cases.

The lawyers of the Law Office of Barry T. Simons are dedicated to defending those charged with Driving Under the Influence in Southern California. Watch this video to learn more about the DUI Defense firm of the Law Office of Barry T. Simons and why they are Orange County's "Best" or "Top-Rated" DUI Attorneys:




CONTACT ORANGE COUNTY'S "BEST" OR "TOP-RATED" DUI DEFENSE TEAM LAWYERS

Needless to say if you are charged with DUI in Orange County, California, the battle that lies before you is difficult and sometimes frightening. It can be even worse for those who hold Professional Licenses or Security Clearances. The only DUI Defense Attorneys you should be considering if you are charged with Driving Under the Influence in Orange County while holding a Professional License are the DUI Lawyers of the Law Office of Barry T. Simons.

If you have been charged with DUI and would like a free DUI Consultation, contact the DUI Defense Attorneys of the Law Office of Barry T. Simons immediately.


WHY SHOULD YOU CHOOSE THE DUI DEFENSE LAWYERS OF THE LAW OFFICE OF BARRY T. SIMONS IF YOU WERE CHARGED WITH DUI AND HOLD A PROFESSIONAL LICENSE?

The DUI Defense Team of the Law Office of Barry T. Simons successfully navigate professional licensees through the "administrative process" associated with the respective Board's inquiry into the DUI Charge.

Those holding professional licenses should be aware that some of the Boards will receive notification of the DUI arrest within days of the arrest for driving under the influence with official inquiries following a short time thereafter. You need to have DUI Defense Attorneys who understand this process from the outset to avoid any missteps in the process. You should not risk your future licensing on counsel who is not prepared to handle these issues from the very start of the process.

Whether you are a nurse, vocational nurse, doctor or surgeon, psychiatrist, dentist, teacher, lawyer or optometrist, if you are charged with DUI you need the a lawyer who understands the interplay between the criminal charge and the Board's inquiry into the matter. The DUI Defense Lawyers of the Law Office of Barry T. Simons are such lawyers. If you were charged with a DUI and hold a professional license, you need to contact the DUI Defense Firm of the Law Office of Barry T. Simons today for a free DUI Consultation and Case Evaluation.


THOSE WHO TRAVEL FOR WORK-RELATED PURPOSES OR THOSE WHO HOLD SECURITY CLEARANCES ARE EQUALLY AT RISK.

Those who hold professional licenses are not the only ones at risk when charged with DUI. Those who travel extensively for work-related purposes are also at risk, as are those who hold security licenses, such as engineers who hold government contracts. If you fit into either one of these categories, you need a DUI Lawyer that gets results. The DUI Defense Attorneys of the Law Office of Barry T. Simons get results. 

A DUI charge can have an impact not only on those who hold professional licenses, but also those who travel extensively for work-related purposes or those who hold "security clearances" as part of their employment contracts. A DUI conviction can have far-reaching consequences for those in either category and this is why those who find themselves in this position need the type of representation that only the DUI Defense Lawyers of the Law Office of Barry T. Simons can provide.

Watch the video below or click the link to learn more about the Interstate Licensing Consequences:





The significance of obtaining the absolute "Best" or "Top-Rated" DUI Defense firm cannot be overstated, it could mean the difference between a conviction for driving under the influence, a reduction or a complete dismissal. The call you make today can make a difference in the outcome of your case. Do not hesitate to contact the DUI Lawyers of the Law Office of Barry T. Simons today for a free consultation and case evaluation to discuss your Orange County DUI case.

THE LAW OFFICE OF BARRY T. SIMONS
ORANGE COUNTY DUI DEFENSE ATTORNEYS
FREE DUI CONSULTATION | CALL: 888-938-4911

NURSES CHARGED WITH DUI


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AUTHORS OF: CALIFORNIA DRUNK DRIVING LAW

California Drunk Driving Law

"BOARD CERTIFIED" 
IN DUI DEFENSE
 

NCDD National College for DUI Defense: Barry T. Simons


FOUNDING MEMBER: 
NATIONAL COLLEGE FOR DUI DEFENSE (N.C.D.D.)


NCDD National College for DUI Defense: Barry T. Simons


FACULTY MEMBER: 
NATIONAL COLLEGE FOR DUI DEFENSE (N.C.D.D.)


NCDD National College for DUI Defense: Barry T. Simons


FELLOW: 
NATIONAL COLLEGE FOR DUI DEFENSE (N.C.D.D.)



"SPECIALIST MEMBER"
BOARD OF DIRECTORS


CDLA DUI Specialist Member

BARRY T. SIMONS VOTED ONLY ORANGE COUNTY "SUPER LAWYER" IN 
2014, 2015 AND 2016

 


BARRY T. SIMONS VOTED A TOP ATTORNEY BY OC METRO MAGAZINE

"A/V-RATED" BY MARTINDALE-HUBBELL

AV Rated Best DUI Attorney

RATED "PREEMINENT" BY BAR REGISTER

Bar Register Preeminent Lawyer

"LEAD COUNSEL" RATED 
DUI ATTORNEYS


Lead Counsel Rated DUI Lawyer 

BARRY T. SIMONS RATED "10/10" OR "SUPERB" 
BY AVVO RATING SERVICE
BARRY T. SIMONS RECEIVED AVVO "CLIENTS CHOICE" AWARD 2012



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NURSES CHARGED WITH DUI


If you are a nurse, whether an LVN or RN, charged with driving under the influence (DUI), you will need competent, qualified and experienced help on several fronts. Not only do you have to defend yourself in the Orange County Courts and before the Department of Motor Vehicles (DMV), but also with the Nursing Board. This is why it is imperative that you retain an Orange County DUI Defense Attorney who understands the interplay between the Nursing Board, the Courts and the DMV and how to approach each entity in such a way as to preserve your nursing license and you ability to earn a living.

NURSES AND DUI CHARGES

The Board has jurisdiction to discipline the licensee under Section 2750 of the Business and Professions Code (B&P), which provides for discipline of nurses under the Nursing Practices Act.

B&P § 490 provides that the Board may suspend or revoke a license on the grounds that the licensee has been convicted of a crime substantially related to the qualifications, functions, or duties of the profession.

B&P § 493 provides that the record of conviction of the crime is conclusive evidence of the conviction but the Board may inquire into all of the surrounding circumstances of the offense in order to fix the degree of discipline or, to determine if the conviction is substantially related to the qualifications of the licensee.

B&P § 2761 provides the Board can take action against a licensee for unprofessional conduct under (f) which includes conviction of a felony or any offense substantially related to the duties of a registered nurse.

Section 1444 of Title 16 of the California Code of Regulations provides that an act or conviction is substantially related if it evidences the present or potential unfitness of a registered nurse to practice safely.

In addition to the above, the Board has authority to suspend or revoke a license for unprofessional conduct under B&P § 2762, which includes the use of dangerous drugs or alcohol to the extent or in a manner which is dangerous to the licensee or the public or to the extent that such use impairs the ability of the licensee to conduct himself or herself professionally with safety. Subdivision (c) provides that conviction of a criminal offense involving prescriptions, consumption or self-administration of drugs or alcohol or falsification of records is conclusive evidence of unprofessional conduct.

Section 1445 of Title 16 of The Code of Regulations sets forth criteria for evaluating the rehabilitation of the licensee and includes the following:

(1) Nature and severity of the acts or offenses;

(2) Total criminal record;

(3) Time that has elapsed since the commission of the offense;

(4) Whether the licensee has complied with the terms of probation;

(5) Evidence of expungement proceedings under Penal Code § 1203.4; and

(6) Evidence of rehabilitation submitted by the licensee.

Traditionally, the conviction of a non aggravated 1st time DUI has not been considered to be substantially related and will not result in an accusation before the Board if the blood alcohol level is below a 0.15%. At most, the nurse might be asked to submit a copy of the police report and explain what he or she is doing to avoid any future problems with the law. That is no longer the case. The recent decision in Sulla v. Board of Registered Nursing (2012) 105 Cal.App.4th 1195 dramatically changes the scope of discipline that nurses in California can expect in even routine, non-aggravated first offense DUI convictions.  Sulla plead no contest to a first offense DUI after being involved in a non-injury collision with a center divider and a blood alcohol concentration of .16%. At the hearing, the evidence showed that Sulla was a highly respected nurse who had no record of prior disciplinary actions. Colleagues had never seen signs that he was impaired on the job or had been drinking before he came in to work, and he did not have a habit of coming in late or calling in sick. A fellow nurse who was also a personal friend testified that Sulla rarely drank when they socialized together, and she had never seen him drink heavily. A board-certified psychiatrist who evaluated Sulla believed he did not meet the diagnostic criteria for alcohol abuse or dependence, and that his conviction “represents a single, isolated episode of poor judgment.”

As a result of this decision, the Board has changed policies and are now investigating all DUI convictions for Nurses.  A Nurse arrested for a DUI can expect to receive a letter from the Board within 10 days of the arrest based upon fingerprints provided to the Department of Justice thru "LiveScans".  The Board will investigate the circumstances of your case and decide upon appropriate sanctions.  Formal disciplinary action may be instituted by the Attorney General where the circumstances are deemed aggravated.  The Board also has the power to act under B&P §§ 125.9 and 148 and issue a Citation Order, which can carry a fine up to $2,500.00 as discipline which will become a public record and will be published on the Boards web site.

Even though sanctions are limited to fines, the nurse has a right to an administrative hearing and should consider exercising that right in light of the fact that the citation becomes part of the nurse’s permanent record and will be disclosed to the public on request for a period of (3) years under CCR § 1435.15.

When the nursing board suspects an alcohol dependency problem, they may use a DUI or other alcohol-related conviction to require the nurse to undergo a psychological evaluation, physical evaluation, random urine tests and substance abuse rehabilitation. It will also demand that they take a leave of absence from 

NURSES WITH MULTIPLE DUI CHARGES/CONVICTIONS

Multiple offenders will be asked to participate in the Nurses Assistance Program in lieu of disciplinary proceedings. Many nurses forgo the Nurses Assistance Program because of the requirement that they take a leave of absence from work for a substantial time and attempt to work out appropriate conditions of probation through negotiations while contesting the Accusation before the Board.

Nurses should be aware that the Board will be notified of your arrest and that the Board does consider self reporting a mitigating factor.

For a helpful Nursing Board publication entitled “Recommended Guidelines for Disciplinary Orders and Conditions of Probation”, please visit: 

www.rn.ca.gov/pdfs/enforcement/discguide.pdf

The DUI Lawyers of the Law Office of Barry T. Simons have the experience, knowledge and expertise to negotiate the road that lies ahead for nurses charged with driving under the influence. If you are a nurse facing a charge for driving under the influence (DUI), then look no further than the Law Office of Barry T. Simons to represent you. Call today for a free, no-cost, DUI consultation and case evaluation.

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